Navellier v. Sletten

Opinion

WERDEGAR, J.

The question presented is whether this action based on the defendant’s having filed counterclaims in a prior, unrelated proceeding in federal court, is one “arising from” activity protected by Code of Civil Procedure section 425.16 (section 425.16; the anti-SLAPP statute), which provides for early dismissal of certain actions known as “strategic lawsuits against public participation.”1 We conclude that this action arises from statutorily protected activity, but does not for that reason alone necessarily constitute a SLAPP or become subject to dismissal under the statute.2

Bac…